Divorce is hardly ever a pleasant proceeding. Unfortunately, some situations offer no other recourse than for the law to step in.
Texas established geographical restrictions for child support ensuring the child welfare and the equitable behavior of the estranged parents.
Geographic Restrictions Defined
In the aftermath of a divorce, the main concern of the State is on the child.
If the estranged parents are adults with no criminal liability, the court cannot impose any geographic restriction on them. The court can set limitations on where the child can reside. This is the basic definition of Geographic Restrictions in the context of divorce.
The Purpose of Geographic Restrictions
The Court has various reasons on why it imposes geographic restrictions. The principle is similar to that of custody. It is to ensure that children can have a stable home and a healthy way of life. The Court can impose regular visitation and contact with the estranged parents.
The parent awarded with primary custody can move wherever he or she likes within the limits that the court set. The parent with primary custody is also restricted to location, distance, and other factors.
Any time that the custodial parent intends to move the child outside the geographic restriction, there should be a discussion between the estranged parents and their attorneys.
If the court has assigned strict restrictions, an agreement between the two parties will not sufficient. The custodial parent should file a modification case with the decision subject to the judge.
Child Support Considerations
Any attempt to move should be discussed with the non-custodial parent. The primary considerations are visitation and child support. The non-custodial parent cannot absolve his responsibility to provide support. The custodial parent should allow visitation.
The custodial parent cannot refuse visitation. He or she must discuss the decision with his or her co-parent to move the child outside the geographic restrictions. The non-custodial parent can report any violation.
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